Thornton v. Shore’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 49 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘We conclude the ‘due care’ requirement of K.S.A. 8~1506(d) applies only to the police officer’s physical operation of his own vehicle and not to the decision to chase or continue to chase a law violator. If the officer is in compliance with the statute in the operation of his own vehicle, he is entitled to the privileges and immunities afforded by the statute and is not vicariously liable or responsible for the reckless or negligent acts of the law violator he is pursuing. The officer is not the insurer of the fleeing law violator. The officer in such circumstances has breached no duty owed to persons injured by the fleeing violator’s own negligence or wanton conduct and, accordingly, as a matter of law the officer has not committed a tort upon such injured persons. There being no tort, as a matter of law, reference to the Tort Claims Act (K.S.A. 1982 Supp. 75-6101 et seq.) is rendered unnecessary.” 233 Kan. at 753 .”

   6 later decisions quote this exact passage · from the majority
   e.g. DeWald v. State · State v. Simpson

2. “drive with due regard for the safety of all persons.”

   6 later decisions quote this exact passage · from the majority
   e.g. 55 Kan. App. 2d 429 - Montgomery v. Saleh · State v. Simpson

3. “endorsed numerous vehicle pursuit cases from the majority of states that have similarly refused to hold officers liable 'for the acts of the fleeing violators'”

   2 later decisions quote this exact passage · from the majority
   e.g. Charles Rowe v. City Marlow Oklahoma Charles a Rowe · Carl v. City of Overland Park